Terms of Use

Last Updated: May 13, 2016

By using this website, you agree to the following terms of use and Privacy Policy (collectively, the “Terms of Use”) 

The Terms of Use are a legally binding contract between you and Stories from the Trenches, Inc. (“Stories) regarding the access and use of information, text, data, music, graphics, photographs, videos, audio, trademarks, logos, research materials, designs, icons, images, tutorials, and any other content (collectively, “Content”) accessible at storiesfromthetrenches.org or any other websites operated by or for Stories including, but not limited to, Stories social media pages, Facebook page, and Twitter and Instagram accounts (collectively, the “Sites”). 

Please read the Terms of Use carefully before accessing or using the Sites.  Stories is dedicated to charitable and educational purposes and has a responsibility to preserve the integrity of the Stories message by protecting the intellectual property available on the Sites. Accordingly, you may access the Content on the Sites only on the express condition that you accept and fully comply with these Terms of Use.  By accessing or using the Sites, you accept and agree to be bound and abide by these Terms of Use.  If you do not want to agree to these Terms of Use, you may not, and must not, access or use the Sites. 

Restrictions on Use of Materials 

Except where otherwise indicated, Stories owns the copyrights, trademarks, and other intellectual property of all Content on the Sites. No Content from the Sites may be copied, reproduced, displayed, republished, downloaded, posted, shared, digitized, translated, modified, transmitted, distributed or commercially exploited in any way, including on fundraising materials, websites, social media pages, blogs, pamphlets, flyers, print materials, advertising, t-shirts or any consumer products, without the prior written consent of Stories unless done so in accordance with these Terms of Use. The Stories name, logo and any other trademarks or service marks of Stories or variations thereof (collectively, the “Marks”) may not be used on any communications, materials, fundraising messages, goods, merchandise, or t-shirts or other apparel without the prior written consent of Stories unless done so in accordance with these Terms of Use. Third-party trademarks and content posted or mentioned by Stories on the Sites are the property of their respective owners. Stories explicitly grants permission to you to “Like” and “Share” Content posted by Stories on the Sites in a manner that does not violate any of these Terms of Use or the terms of use applicable to Stories’ social media sites, or in a manner that is otherwise lawfulStories reserves the right to remove any Content posted by you or other third parties on the Sites in its sole discretion. 

Any unauthorized use of Content on the Sites may violate copyright, trademark, and/or other laws. We retain all rights not expressly stated herein, and nothing in these Terms of Use constitutes a waiver of any rights under copyright and trademark laws or any other federal, state or local law, regulation, ordinance or treaty. Nothing in these Terms of Use should be construed as conferring by implication, estoppel, or otherwise, any license or right under or to any Content, or intellectual property right, including without limitation, any patent, trademark, or copyright of Stories or any third party. 

Please note that third parties must obtain advance written approval from Stories to use any of the Content on the Sites, and, upon receipt of such written approval, must use the Content, including the Marks, in accordance with these Terms of Use For all inquiries regarding permission to use the Content available on the Sites, please contact info@storiesfromthetrenches.org.

User Contributions 

The Sites may contain message boards, chat rooms, bulletin boardsand other interactive features (collectively, “Interactive Services) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “postContent (collectively, “User Contributions”) on or through the Sites. 

All User Contributions must comply with the Content Standards (defined below) set out in these Terms of Use. 

Any User Contribution you post to the Sites will be considered non-confidential and non-proprietary. By providing any User Contribution on the Sites, you grant us the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such User Contribution for any purpose. 

 You represent and warrant that:  

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us. 

  • All of your User Contributions do and will comply with these Terms of Use.  

You understand and acknowledge that you are responsible for any User Contributions you post, and you, not Stories, have fully responsibility for such Content, including its legality, reliability, accuracy and appropriateness. 

We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Sites 

Content Standards 

Stories’ website promotes inclusiveness and respect for the community it serves.  Content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not: 

  • Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable. 

  • Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person. 

  • Violate the legal rights (including the rights of privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use. 

  • Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person. 

  • Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, bartering or advertising. 

Disclaimer 

You acknowledge that the Content on the Sites is provided “as is” without representations or warranties of any kind. Stories and its agents, to the full extent by law, disclaim all warranties, express or implied, statutory or otherwise. Stories and its agents make no warranties about the accuracy, reliability, completeness, currentness, or timeliness of the Content on the Sites. In no event will Stories or its agents be liable for any damages regarding the use of or inability to use the Sites or the Content, whether based on warranty, contract, tort, or any other theory, and whether or not Stories is advised of the possibility of such damages. 

Stories may sometimes allow third parties to provide testimonials and information on the Sites. Stories may sometimes post articles and other information provided by third parties that might be of interest or benefit to the public. You acknowledge that the opinions and recommendations of third parties contained on the Sites are not necessarily those of Stories or endorsed by Stories. 

Links to Other Sites 

Stories’ Sites may contain links to other Internet sites or resources. You acknowledge and agree that Stories has no control over such other sites and resources, Stories is not responsible for the content and information and privacy policies of such other sites and resources, and Stories does not endorse and is not responsible for any content on these other sites and resources. Please consult the terms of use and privacy policy of such sites and resources for more information.

Link Agreement 

Links to the Sites are permitted only in accordance with these Terms of Use. You should be aware that links to the Sites may be provided from other sites, either known or unknown to Stories, and some links to the Sites may be unauthorized. Accessing any other site linked to or from the Sites is done at your own risk. Stories has not reviewed and is not responsible for the content of any third-party sites linked to or from the Sites. 

Permission to create a link to any of the Sites is granted upon compliance with these Terms of Use, including those listed below. By creating a link to any of the Sites, you agree to be bound by the Terms of Use. Stories reserves the right to change these conditions for linking at any time without prior notice, and compliance with such revised conditions for linking is a prerequisite to your continued right to link to the Sites. Stories expects persons or organizations that link to the Sites to provide accurate and up-to-date information and uphold high ethical standards in developing, providing, presenting, and collecting information. Permission to link to the Sites is limited to: (i) active volunteers or participants in any event sponsored by Stories; (ii) donors or sponsors having formal affiliations with Stories; (iii) organizations actively participating in activities in fulfillment of Stories’ charitable and educational purposesand, (iv) any organizations that have obtained permission from Stories to link to the sites. If you do not fall into any of the above categories, please contact Stories prior to linking to seek Stories written approval to link, which is in Stories sole discretion to give or withhold All links must comply with the Restrictions on Use of Materials section above. Further, you must clearly communicate to the public that you are one of the persons or organizations permitted to link (as identified above) by stating that you are a volunteer or participant of a Stories event, donor to or sponsor of Stories, etc., as applicable.  

Indemnification 

You agree that you will hold harmless and indemnify Stories, its officers, directors, volunteers, and authorized representatives from all claims arising out of or related to your access or use of, or your inability to access or use, the Sites or other sites to which they are linked. 

In addition to the general indemnification provided above, you will indemnify and hold harmless Stories and its directors, officers, volunteers, and authorized representatives from and against any lawsuit, claim, damage, liability, or expense (including reasonable attorneys’ fees) incurred by Stories and its directors, officers, volunteers, and authorized representatives pertaining to the information and content, including User Contributions, provided by you in connection with the Interactive Services, your failure to abide by the Terms of Use, your willful misconduct or gross negligence, or any copyright, trademark or other intellectual property right or right of publicity or privacy of any third party that relates to any Content provided by you in connection with the Interactive Services, even if any such claims, damages, liability or expense are based in whole or in part on Stories’ own negligence. 

Limitation of Liability 

In no event and under no circumstances will Stories, its directors, officers, or agents be liable to you or any third party for damages arising out of your (or any authorized user’s) or any unrelated party’s use of or inability to use the Sites, or your (or any authorized user’s) or any unrelated partys reliance on or use of information, products, or services provided on or through the Internet, or that result from mistakes, omissions, interruptions, deletions of files or other data loss, errors, defects, delays in operation, service or transmission, or any failure of performance of the Sites, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to Stories records, programs, or services, or for any other reason.

Notice of Claims of Intellectual Property Violations 

The Sites may include Content uploaded or provided by third parties or otherwise received from third parties. Stories does not permit the use of Content on the Sites that infringes on the copyrights, trademarks, or other intellectual property rights or rights of publicity of others. Stories will remove any such Content if properly notified of such violation in accordance with the procedure set forth in the Terms of Use and under the Digital Millennium Copyright Act (DMCA).  

If you believe that any of the content on the Sites infringes your copyrights, trademark rights, or other intellectual property rights, or your rights of publicity, you may submit a notification to the address specified belowYour notification should include the following items: 

  • A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 

  • Identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works are alleged to have been infringed in one location, the notification may include a representative list of such works). 

  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material. 

  • Contact information for the person making the notification, reasonably sufficient for us to contact you, such as an address, telephone number, and, if available, an e-mail address. 

  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. 

  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 

If you knowingly misrepresent in your notification that the material or activity is infringing, you may be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as a result of our relying upon such misrepresentation in removing or disabling access to the allegedly infringing material or activity. 

Stories from the Trenches, for the notice of any claim of infringement of any copyright or trademark or right of publicity, can be reached as follows: 

By mail: P.O. Box 2031, Crystal Lake, IL 60039-2031 

By email: dmca@storiesfromthetrenches.org. 

Changes to the Terms of Use  

Stories reserves the right to change the Terms of Use at any time and you agree to be bound by such modifications. To the extent permitted by law, any modifications will be effective immediately upon posting the revisions on the Sites (which will constitute reasonable notice), and such amended terms will be binding upon you.8 Your continued use of the Sites following the posting of modifications will confirm your acceptances of such modifications to the Terms of Use. Thus, you should consult the most recent version of these Terms of Use each time you view the Sites. 

Governing Law; Venue 

The Terms of Use are governed by the laws of the State of Georgia, U.S.A., excluding any conflict of laws, rules or similar principals, and the applicable laws, regulations and treaties of the United States of America. Any action arising out of any dispute with respect to these Terms of Use must be brought in the state or federal courts located in Illinois. You irrevocably and unconditionally consent and submit to the exclusive personal jurisdiction of such courts over any suit, action or proceeding arising out of these Terms of Use. 

Severability 

If any provision of the Terms of Use is held to be illegal, invalid, or unenforceable, then that provision will be fully severable from the Terms of Use and will not affect the legality, validity, or enforceability of the remaining provisions of the Terms of Use. 

Waiver 

Failure by us to enforce any particular provision of the Terms of Use will not be construed as a waiver of any of our rights hereunder. 

Questions 

If you have any questions about these Terms of Use, please contact us by email or postal mail as follows: 

Postal Mail: P.O. Box 2031, Crystal Lake, IL 60039-2031

Email: info@storiesfromthetrenches.org